As all the parties anxiously wait for judgment in the Plateau state Governorship Election Tribunal, hoped to be pronounced soon, MUHAMMAD TANKO SHITTU writes on the arguments and counter-arguments
The 2015 Governorship Election was held in Plateau State, just as it was conducted in most states in Nigeria. Governor Simon Bako Lalong, and his party the All Progressives Congress (APC), scored a total of 564,913 valid votes as against, 520,627votes of his arch rival Gyang Nyam Pwajok of the People’s Democratic Party (PDP), and the Independent National Electoral Commission (INEC), so declared Lalong as the legitimate winner of the election and was so returned, as Governor of the state, with a district difference of 44,286 votes in between them.
However, not satisfied with the results and INEC declaration of Lalong as the Governor, Pwajok almost immediately rushed to the constituted Election Petition Tribunal and filed his complained alleging “irregularities,” in the conduct of the election as well as the declaration of Lalong as duly elected Governor of the People.
The petitioners have averred that elections were not lawfully done in some eleven out of the seventeen Local Government Areas of the state and that the irregularities done during the election have favoured Governor Lalong of which according to them he did not win lawful votes and therefore, the tribunal should declared as null, void and also ordered the 3rd respondent being INEC to conduct a re-run.
Another hope at which Pwajok and PDP have built their confidence that they will get it right at the tribunal to nullify the election was the alleged omission of the African Democratic Congress (ADC), logo and its gubernatorial candidate Alhaji Sabiu Ibrahim Musa, who had bowed not to challenge the out come of the results, despite all temptations even from the Pwajok and PDP folds, whom he had said; “Have tried to offer him huge sum amounting to 100,000,000 million Naira.”
Even though some how some where the ADC have filed its petition from the national headquarters, but as Musa insisted they (ADC), succumbed to pressure and withdrew the petition, which action have wielded the hope of the PDP and its candidate, having lost out in that bid, the only hope they relied on was the inspection of election materials and its forensic results.
From the onset Pwajok was perceived not to have challenged the returned of Lalong, as Governor of the state having taken the last hours before the dead line of filing petitions at the Tribunal Secretariat, to just file his complaint, against Lalong, APC and INEC being the 1st, 2nd and 3rd respondents respectively.
Pwajok and his party the PDP being the 1st and 2nd petitioners have seek to inspect all results sheets, ballot papers and other election materials from the electoral umpire, which were made available to them through their counsels, and according to them one of their witness is a ”forensic expert, who had examined all the documents,” and was presented to the tribunal as an evidence.
Though both Latteef Fagbemi SAN, Hassan H. Liman SAN, and Garba Pwul SAN, counsels to the to 1st, 2nd and 3rd respondents have argued against presenting the forensic expert as a witness that testify and presented his report as an evidence before the tribunal, having the petitioners not plead for it in their petition, however, the tribunal ruled in favour of the petitioners, an action that did not go very well to the side of the respondents, hence they filed an appeal before the Jos division of appellant court and challenged the tribunal’s decision.
And it was a moment of celebration to the supporters of Pwajok and PDP, having the tribunal admitted the forensic expert and the document of his report whose evidence was PW15, they celebrated, held party, danced and rejoiced as if the final judgement was passed in their favour for their candidate to become the Governor, much more confidence was reposed on them when Senator Jonah Jang who has been very mute, but was bold to told his supporters that; “the APC did not win election in the state and very soon the PDP will reclaimed its mandate.”
However, the dark moment that befalls on the hope of the PDP that the tribunal judgement would favour them, was climaxed by a superior judgement of the appellant court, with its judgement onto the Lalong, APC way.
In that regards the APC in the state also responded to Jang, just as its Secretary Bashir Musa Sati said:”It is surprising for Jang who had being an incumbent governor for eight years, with all manners of government machineries at his disposal could turned to say that someone rigged the election in the state.”
He said from all indication Jang have not been in the right picture of the happenings in the tribunal and court proceedings.
“Even with his temporary victory at the tribunal we thought that he will concentrate at trying to unite the People of the State, as a Senator at the top, but to my greatest surprise Baba is looking into another way, of trying to divide the people,” Sati alluded.
It was yet another moment of anxiety when the tribunal convened for the adoption of written addresses from counsels of the petitioners as well as those of the respondents, to some People they thought it was a day for final judgement and so the tribunal was full to capacity.
As they await for the commencement of the proceedings, an august personality made his presence, is the executive Governor Simon Bako Lalong, accompanied by his Chief of Staff Government House Mr. John Dafan, the deputy Chief of Staff Barrister Yusuf Gambo Hawaja, who had also met the State Chairman of the APC Mr. Letep Dabang and his Secretary Bashir Musa Sati, who were already seated in the tribunal. Lalong who made his first personal appearance had stood up to be recognised by the tribunal when its Clark called for parties appearances.
Lead counsel to the petitioners, Robert Clark SAN, opened up with the adoption of his final addresses and told the tribunal that he is equally relying on all processes, oral evidences and was quick tell the tribunal that the appeal court judgment was an, “intrusion,” and it was, “appealed to the apex court,” urging the tribunal to based it judgment on the, “facts before it prior to the judgment of the appeal court.”
As he argued in apprehension, Clark requested that the tribunal should; “In the alternative, give a composite judgement,” in anticipation of the Supreme Court judgement in their favour.
He extensively argued that since the 3rd respondent being INEC, did not presented any evidence, is an indication that they are relying on the evidence of the petitioners and urged the tribunal to cancel the entire governorship election and ordered for a, “re-run,” alleging further that, “election in the state was not held in substantial compliance with the electoral act.”
Hort debate ensued on the process, when Hassan Liman SAN, said: “On a lighter mood, Clark has said INEC, had given him fake documents,” thereafter, Clark took it so personal and told the tribunal that;
“It was what Fagbemi went and did in the court of appeal,” however, not pleased with with the wordings of Clark, Fagbemi objected in anger telling the tribunal that; “I can no longer allow this insult to continue, and you (Clark), should now that I am your senior at the bar.”
In its submission while adopting the address INEC, Counsel Liman SAN, informed the tribunal that though INEC did not present witness before it, but the fact that they have replied on the content of the petition which they adopt as their oral evidence; “transverse all the allegations in it,” and have also participated in all proceedings of the tribunal, “cross examined PW 15 and, elicited evidences through him and discredited all the witnesses call by the petitioners,” is enough reasons for the 3rd respondent to call on the tribunal to jettison the petition.
“I submit that all witnesses of the petitioners have failed woefully, to substantiate that INEC declaration of Simon Bako Lalong as the winner of the Election, was not substantially done in accordance with the provision of the electoral act,” Liman asserted, telling the tribunal that based on the evidence of PW15 in the court of appeal, the judgment is still subsisting, “as it is, today the judgment stand.”
Liman said he has distilled that all the petitioners prayers were “declaratory,” relieves, challenging them to; “established the case by their strength,” he further argued that; “A mere filing of notice of appeal at the Supreme court will not stop the tribunal from giving its judgment,” urging the tribunal to, “discountenance and dismiss the petition as it is lacking in merit.”
Similarly, Lateef Fagbemi SAN, Counsel to the governor said they have adopted and are relying on all their processes; “filed before the tribunal,” and urged it to dismiss the petition based on the earlier Preliminary Objection (PO), he has filed.
He told the tribunal that based on the Provision of the 1999 Nigeria Constitution as amended the tribunal shall rely on the, “subsisting judgment of the court of Appeal,” which has discarded the admissibility of the evidence of the petitioners’ forensic expert and the document which he has tendered, in its judgement.
“In view of the high reach of the court of appeal I urge the tribunal to make use of the subsisting judgment,” insisting that; “Not doing so, is anarchy on the judiciary.”
He argued that the appeal to the Supreme Court was, “speculative, and your lord won’t act on speculations.”
So also did the 2nd respondent counsel Garba Pwul SAN, did urged the tribunal to dismiss the petition in its entirety.
The tribunal has reserved date for the judgment, which can come up any moment from now, and one thing for certain is that it most consider the argument canvassed by both parties, and one basic facts for consideration is the “subsisting,” judgment of the superior court, whose burden of abiding by it shoulders on the justice Johnson Candide’s three panel lead tribunal.
While the petitioners are asking for, “composite judgement,” both the 1st, 2nd and 3rd respondents are asking for a dismissal of the entire petition for its’ “lacking in merit,” and “failure of the petitioners to substantiate their claims beyond reasonable doubt.”
It is certain that both Governor Lalong popularly called the People Governor and the majority of the People of the state are anxious for a verdict that will reaffirm their clean victory at the polls, more so that political pundits are of the views that; “proving that those 44,286 votes that stood in between him and Pwajok are not legitimate is a herculean task to be done by the petitioners as required by the law.”
Pundits are also of the views that it is indeed worthy of mention that with the current efforts of Lalong at prompt payment of the workers’ salaries, including settlement of six months salary arrears and his readiness to settle the litigation between his lead administration and the Nigeria Union of Local Government Employees (NULGE), over the “Jang no work no pay,” policy, which Lalong has said he is not a promoter of such policy and that is seen as a good omen to the most of the state populace.
Moreover, many other communities are said to be comfortable with Lalong’s administration that the previous, as their communities are patronized in the ongoing road rehabilitations and reconstructions, which pundits are also seeing it as added strength on to his governance, “surface it to say a re-run is ordered by the tribunal.” Only time will tell what the ETP verdict would be.
